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ABA Section of Litigation Annual Conference, April 19-22, 2006: Electronic Discovery/Spoliation A Case Study In The Developing Law Of Spoliation By Gregory P. Stone and Kelly M. Klaus1 Spoliation, a doctrine with deep historical roots, is assuming front-and-center status in contemporary commercial litigation. Nearly three centuries ago, the English courts decreed “contra spliatorem omnia praesumuntur” – “all things are presumed against a spoliator”2 – and the law of spoliation developed from the...

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